The 3662nd MEETING COUNCIL 7 … · Council Chambers 16 April 2015 The 3662nd MEETING of COUNCIL...
Transcript of The 3662nd MEETING COUNCIL 7 … · Council Chambers 16 April 2015 The 3662nd MEETING of COUNCIL...
Council Chambers
16 April 2015
The 3662nd
MEETING of COUNCIL will be held at the Council Chambers, North Sydney at
7.00pm on Monday, 20 April 2015. The agenda is as follows.
ROSS MCCREANOR
ACTING GENERAL
MANAGER
North Sydney Council is an Open Government Council. The records of
Council are available for public viewing in accordance with this policy,
with the only exception being made for certain confidential documents
such as legal advice, matters required by legislation not to be divulged,
and staff matters.
APOLOGIES/LEAVE OF ABSENCE
ACKNOWLEDGEMENT OF COUNTRY
MATTERS BROUGHT FORWARD
CONFIRMATION OF MINUTES of the previous Meeting
DECLARATIONS OF INTEREST
MATTERS REFERRED TO COUNCILLOR INSPECTIONS
MINUTES OF THE MAYOR
RESCISSION MOTIONS of which due notice has been given
REPORTS from Officers of the Council
CORRESPONDENCE to be read, and if necessary ordered upon
MOTIONS of which due notice has been given
QUESTIONS of which due notice has been given
QUESTIONS without notice.
COUNCILLORS PLEASE NOTE - ANY PAPERS RELATING TO FUTURE COUNCILLOR
INSPECTIONS OR RESCISSION MOTIONS SHOULD BE KEPT
VISITOR
Cr J e ffMORRIS
WOLLSTONECRAFT WARD
Cr S a ra hBURKE
CREMORNE WARD
DIRECTORCommunity &
Library ServicesMr Martin Ellis
DIRECTOREngineering &
Property ServicesMr Duncan Mitchell
DIRECTOROpen Space &
Environmental Services
Mr Robert Emerson
DIRECTORCity Strategy
Mr Joseph Hill
MANAGER CHIEF OPERATING
OFFICERMr Adrian Panuccio
Cr VéroniqueMARCHANDEAU
TUNKS WARD
Cr Vi rg i n i aBEVAN
VICTORIA WARD
COUNCIL OFFICERS
MAYORCr Jilly GIBSON
PUBLIC GALLERY
DIRECTORCorporate ServicesMr Ross McCreanor
GENERAL MANAGERMr Warwick Winn
Cr M e l i s s aCLARE
WOLLSTONECRAFT WARD
Cr Ste p h e nBARBOUR
CREMORNE WARD
Cr Zo ëBAKER
WOLLSTONECRAFT WARD
Cr M a r y A n nBEREGI
TUNKS WARD
Cr TonyC ARR
VICTORIA WARD
Cr MichelRE YMOND
VICTORIA WARD
COUNCIL MEETINGS
Explanatory Notes for Members of the Public Attending Meetings
1. Council meetings comprise the full membership of the Council with a quorum of six Councillors. Ordinary Council meetings consider reports from all Divisions of Council. 2. The Chairperson shall be the Mayor or, in her absence, the Deputy Mayor. 3. A recorded message listing all items on the agenda is placed on the Agenda Information Line (9936 8188) after midday on the Thursday before a Council meeting. Reports are published on Council’s website (www.northsydney.nsw.gov.au) by close of business on the Thursday before the meeting or printed copies may be viewed at Stanton Library or the Council Chambers. 4. Members of the public wishing to address Council or have an item brought forward may register by telephoning the Council (9936 8115) by 5.00pm on the day of the meeting or by speaking to the officer who is present in the foyer outside the Council Chamber from 6.40pm to 6.55pm. 5. As the Chairperson calls the brought forward items on the agenda, speakers are invited to take their place at the foot of the Councillors’ table between Wollstonecraft and Cremorne Ward Councillors. When you are called to speak, you must identify yourself by name and address or professional status. When you have made your address, the Council may wish to ask questions of you, after which you should resume your seat in the Gallery. 6. The following points should be noted by members of the public wishing to address Council:
Addresses must relate to an item on the agenda. Addresses should be limited to three (3) minutes. Addresses should be made to "Mayor and Councillors". If you have previously addressed the Council on the subject then any further address
must be made to present new information ONLY. Groups, or persons wishing to present similar points of view, should nominate a
spokesperson and not address the Council individually. All questions and comments are to be addressed through the Chairperson. Having made your address and answered any questions put to you by the Councillors,
you may take no further part in the debate. No written submissions or documentation may be presented to the meeting without a
resolution of Council
7. When all representations have been heard, the Chairperson will ask for a motion to determine the matter. 8. It should be noted that any three (3) Councillors may lodge a Notice to have a decision reviewed. The Notice must be lodged with the General Manager by 12.00 noon on the second
COUNCIL MEETINGS
Explanatory Notes for Members of the Public Attending Meetings business day after the meeting. You should not act on any decision of this meeting until you receive written notice of the decision from the General Manager. 9. Members of the public should acknowledge the Chairperson when entering or leaving the Chamber whilst the meeting is in progress. 10. Members of the public gallery are requested to switch off mobile phones for the duration of the meeting. 11. Parts of this meeting may be recorded for the purpose of assisting in the transcription of the Minutes. The Government Information (Public Access) Act applies to the recording of Council meetings and, from time to time, Council may receive an application to release such recordings to a member of the public. Note: The Code of Meeting Principles and Practices may be viewed on Council’s Website, at Council Offices or Stanton Library.
TO: The Mayor, Jilly Gibson and Councillors Reymond, Carr, Bevan, Burke, Barbour,
Morris, Clare, Baker, Marchandeau, Beregi.
SUBJECT: 3662nd
MEETING OF COUNCIL TO BE HELD ON MONDAY, 20 APRIL
2015
THAT THE MINUTES of the previous 3661st Council Meeting held on
Monday, 16 March 2015 be taken as read and confirmed.
DECLARATIONS OF INTEREST
MINUTES OF THE MAYOR
COUNCIL – 20/04/15 NoR (2)
RESCISSION MOTIONS OF WHICH
DUE NOTICE HAS BEEN GIVEN
1. (1) Notice of Rescission No 3/15 By Councillors Gibson,
Marchandeau, Bevan
THAT the decision of Council at its meeting of 16 March 2015 regarding CiS07 -
Post Exhibition Brett Whiteley Place –Concept Plan, where it resolved:
1. THAT Council seek an amended concept plan that includes options for the
retention of the Robert Woodward sculptures and the GPO column and adopts the
remainder of the recommendations in the report.
2. THAT a Councillor Workshop be held to discuss costings,
exclusions/inclusions and the heritage of all sculptures in Brett Whiteley Place.
be rescinded
If successful, we intend to move:
1. THAT Council progress the concept plan to the detailed design stage.
2. THAT Council adopt the recommendations made throughout this report and
Attachment 1 for incorporation into the detailed design process.
3. THAT Council select an appropriate site (for the doughnut water features) that
does not require interim storage.
4. THAT the chosen site pay great respect to Robert Woodward‟s original
intention.
5. THAT Council find a committed location and timeline for the design and
relocation of the heritage GPO column and the three doughnut fountain feature.
(2) Notice of Rescission No 4/15 By Councillors Baker, Beregi and
Reymond
THAT the decision of Council at its meeting of 16 March 2015 regarding CiS07 -
Post Exhibition Brett Whiteley Place –Concept Plan, where it resolved:
1. THAT Council seek an amended concept plan that includes options for the
retention of the Robert Woodward sculptures and the GPO column and adopts the
remainder of the recommendations in the report.
2. THAT a Councillor Workshop be held to discuss costings,
exclusions/inclusions and the heritage of all sculptures in Brett Whiteley Place.
be rescinded
If successful, we intend to move:
COUNCIL – 20/04/15 NoR (3)
1. THAT Council proceed with the detailed design process and lodgement of a
Development Application for the public domain works in Brett Whiteley Place.
2. THAT prior to lodgement of the Development Application a Councillor
Briefing be held on the final design.
3. THAT the Development Application be publicly notified for a minimum
period of 28 days.
4. THAT the existing Robert Woodward water feature commissioned for the
space be retained and that the setting of the Robert Woodward “doughnut” water
feature be embellished within the exhibited concept plan.
5. THAT Council defer consideration of the heritage listed GPO obelisk and the
Brett Whiteley “Totem” sculpture to the current Public Art Trail project.
6. THAT Council seek to negotiate the potential inclusion of a Brett Whiteley
work within Brett Whiteley Place under the Public Art Trail project.
2. Notice of Rescission No 5/15 By Councillors Gibson,
Marchandeau, Burke
THAT the decision of Council at its meeting of 16 March 2015 regarding EPS02
- North Sydney Olympic Pool Redevelopment Options, where it resolved:
1. THAT Council resolves to place option 5 Public Exhibition for the
redevelopment of the North Sydney Olympic Pool for the purposes of seeking
Community feedback and further refinement of a “Preferred Option”.
2. THAT the community and key stakeholders who have already been consulted
on the development of the options and responded to the online survey or made
submissions directly to Council are contacted about the Public Exhibition of the
Option or Options that have been developed and are invited to make further
comments and submissions.
3. THAT the Option 5 be placed on an extended public exhibition for 60 days
4. THAT at the end of the Public Exhibition period a report is brought to Council
on the feedback that has been received.
5. THAT during exhibition period Council consultants refine Option 5 to ensure
that the proposal maximises the available space to meet the increasing demands
of the pool with the various aquatic activities conducted, such as extending the
25m pool to 33m with a moveable boom and/or making the pool wider.
6. THAT Council advise Diving NSW and Diving Australia of public exhibition.
If successful we intend to move:
1. THAT Council defers placing on public exhibition an option(s) for the
redevelopment of the NSOP.
2. THAT A Councillor Briefing be scheduled as soon as practicable to further
discuss the outcomes of the community engagement process and that the briefing
is possibly held the NSOP.
3. THAT the briefing be scheduled with Councillors and Finance staff to discuss
setting a budget for the pool redevelopment.
COUNCIL – 20/04/15 NoR (4)
4. THAT Council staff engage in discussions with Diving NSW and Diving
Australia to ascertain if there is any need for additional Olympic standard diving
facilities in Sydney.
3. Notice of Rescission No 6/15 By Councillors Morris, Beregi and
Clare
THAT the decision of Council at its meeting of 16 March 2015 regarding
GMO03 - Leave of Absence - Councillor Sarah Burke, where it resolved:
1. THAT Councillor Sarah Burke be granted leave of absence for all meetings for
the period 20 March to 25 May 2015, inclusive.
If successful we intend to move that:
1. THAT Council write to Cr Burke asking her to confirm that she is now
residing in the UK and asking her whether she intends to resign from Council.
COUNCIL – 20/04/15 GMO (5)
REPORTS
General Manager’s Office
1. GMO01: Matters Outstanding
Report of Ross McCreanor, Acting General Manager
A report on the current status of matters arising from Council resolutions up to
the meeting of 16 March 2015 is presented.
Recommending:
1. THAT the report be received.
2. GMO02: Workers Compensation Insurance - Tender 38/2015
Report of Jon Paul Agnew, Risk Manager
Tenders were called and were received until 4pm, 10 March 2015 for the
submission of tenders to provide workers compensation insurance.
In order for Councillors to discuss the content of this Commercial in Confidence
report it will be necessary to close the Council meeting to the public.
The related financial implications have been separately provided to Councillors.
Recommending:
1. THAT Council accept the tender of the highest ranked Tenderer for Tender
38/2015 for workers compensation insurance.
2. THAT Council hereby authorises its Official Seal to be affixed to Contract
38/2015 under the signature of the Mayor and the General Manager.
3. THAT, once Council has executed the Contract, information relating to the
successful tender be published in Council‟s Register of Contracts as required by
Government Information (Public Access) Act 2009 - Part 3 Division 5 -
Government Contracts With Private Sector.
3. GMO03: Performance Improvement Order - Items 5 & 6
Report of Matthew Pearce, Solicitor
The Council considered the Performance Improvement Order (PIO) dated 9
December 2014 at its meeting on 16 March 2015 where it resolved, in part
(Min.No.63):
15. THAT Council seek a second opinion on the advice in relation to Items 5 and
6 of the Performance Improvement Order.
17. THAT the legal advice sought on Items 5 and 6 of the Performance
Improvement Order be obtained from an eminent Senior Counsel'.
Recommending:
1. THAT Council close the meeting to the public pursuant to sections 10A(1),
10A(2)(a) and 10A(2)(g) of the Local Government Act 1993 to consider legal
advice in response to the Council resolution of 16 March 2015.
COUNCIL – 20/04/15 CiS (6)
City Strategy Division
4. CiS01: Planning Proposal - Elevation of Heritage Controls
Ben Boyd, Executive Strategic Planner
In response to Council‟s consideration of Notice of Motion 29/13, Council
resolved on 16 March 2015 to prepare a Planning Proposal to amend NSLEP
2013, such that the heritage provisions prevail over all other provisions of the
LEP. This is similar to clause 43 incorporated within the now repealed NSLEP
2001.
A Planning Proposal has now been prepared to amend NSLEP 2013 by
incorporating a new clause within Part 6 of the LEP which would enable the
heritage provisions of NSLEP 2013 prevail over all other provisions.
The Planning Proposal:
generally complies with the relevant Local Environment Plan making
provisions under the Environmental Planning & Assessment Act 1979;
generally complies with the Department of Planning‟s „A guide to
preparing planning proposals‟ (October 2012); and
is unlikely to result in any adverse impacts on the environment or wider
community.
However, the Planning Proposal may be considered to be inconsistent with the
Standard Instrument LEP, due to its ability to potentially undermine the mandated
clauses of the Standard Instrument LEP. Despite the potential inconsistency with
the Standard Instrument LEP, the Planning Proposal is considered to be
satisfactory and can be forwarded to the Department of Planning and Environment
for Gateway Determination.
Due to the local nature of the Planning Proposal, it is recommended that Council
seek Authorisation to exercise the delegation of Minister for Planning to make the
Plan that implements the intent of the Planning Proposal.
The Planning Proposal is however unable to achieve the full intent of the former
provision under NSLEP 2001, due to the relocation of heritage provisions relating
to contributory, neutral and uncharacteristic items to NSDCP 2013.
Recommending:
1. THAT Council resolves to adopt the attached Planning Proposal and forward it
to the Minister for Planning in order to receive a Gateway Determination in
accordance with Section 56 of the Environmental Planning and Assessment Act,
1979.
2. THAT Council requests the Minister of Planning to provide Authorisation to
Council exercise the delegation of Minister for Planning to make the Plan.
5. CiS02: Planning Proposal, 200-220 Pacific Highway, Crows
Nest - Post Exhibition Report
Ben Boyd, Executive Strategic Planner
On 2 December 2014, Council resolved to forward a Planning Proposal relating to
land at 200-220 Pacific Highway Crows Nest to the Minister for Planning with a
COUNCIL – 20/04/15 CiS (7)
request for a Gateway Determination. In particular, the Planning Proposal sought
to amend the non-residential floor space ratio (FSR) range requirements of North
Sydney Local Environmental Plan 2013 from part 0.5:1 - 2:1 to 0.24:1 – 2:1. On
29 January 2015, the Minister for Planning issued a Gateway Determination (refer
to Attachment 3) enabling the Planning Proposal to proceed to public exhibition.
In accordance with the Gateway Determination, the Planning Proposal was placed
on public exhibition for a period of 14 days from Thursday 19 February 2015 to
Wednesday 4 March 2015. No submissions were received during the exhibition
period.
It is recommended that Council resolves to forward the Planning Proposal
unamended to Parliamentary Counsel with a request that the Planning Proposal be
made.
Recommending:
1. THAT having completed the community consultation requirements outlined in
the Gateway Determination, Council forward the unamended Planning Proposal
to Parliamentary Counsel with a request that a Local Environmental Plan be made
in accordance with section 59 of the Environmental Planning and Assessment Act
1979, to give effect to the Planning Proposal.
2. THAT Council adopt the Crows Nest South Planning Study which
comprises Attachment 2 to Council‟s Delegated Report of 2 December 2014
(forming Attachment 2 to this report).
6. CiS03: Post-exhibition Report - Planning Proposal and draft
Voluntary Planning Agreement - 521 Pacific Highway, Crows
Nest
Alex Williams, Team Leader – Policy
On 15 December 2014 Council resolved to forward a Planning Proposal to the
Minister for Planning in order to receive a Gateway Determination. Council also
resolved to exhibit an associated draft Voluntary Planning Agreement (VPA)
concurrently with the Planning Proposal subject to it receiving a Gateway
Determination. In particular, the Planning Proposal seeks the following
amendments to North Sydney Local Environmental Plan 2013:
• An increase to the maximum height control from 20 metres to 40 metres;
• The introduction of a maximum floor space ratio (FSR) control of 5.3:1.
The draft VPA contains provision for:
• A monetary contribution of $1,600,000 to be paid to Council for the
purposes of providing new open space within the precinct;
• A 6 metre setback from the Oxley Street frontage to allow for a widened
footpath and outdoor seating;
• A 3 metre setback from the Pacific Highway frontage to allow for a
widened footpath;
• A restriction on building height below the current permitted height on the
southern portion of the site to ensure an appropriate podium and tower
building typology is achieved that allows for a number of existing
residential units on the eastern side of Clarke Lane to retain a westerly
aspect.
COUNCIL – 20/04/15 CiS (8)
The Planning Proposal and draft VPA were assessed against the St
Leonards/Crows Nest Planning Study - Precinct 1 and considered to implement
the Built Form Masterplan and Open Space and Pedestrian Masterplan for
Precinct 1 to the fullest extent practicable. Documentation regarding likely
impacts was considered appropriate for the purposes of public exhibition.
On 23 January 2015 a Gateway Determination was issued by a delegate of the
Minister for Planning and Infrastructure allowing the Planning Proposal to be
placed on public exhibition. The Gateway Determination also granted delegated
authorisation to Council to directly request Parliamentary Counsel's Office to
make the plan. The Planning Proposal and draft VPA were publically exhibited
for 28 days from Thursday 12 February to Thursday 12 March 2015.
A total of one (1) submission was received during the exhibition period. The
submission was from NSW Roads and Maritime Services (RMS) and raises no
objection to the subject proposal.
Should the draft VPA be executed, it will result in the payment of $1,600,000 to
Council to enable the provision of additional public open space in accordance
with the St Leonards / Crows Nest Planning Study – Precinct 1.
Recommending:
1. THAT the General Manager be given delegation to execute the draft Voluntary
Planning Agreement as amended forming Attachment 3 to this report.
2. THAT upon execution of the draft Voluntary Planning Agreement as amended
forming Attachment 3 to this report and receipt of a bank guarantee for the
proposed monetary contribution towards new open space, having completed the
community consultation requirements outlined in the Gateway Determination,
Council forward the Planning Proposal unamended forming Attachment 1 to this
report to Parliamentary Counsel with a request that a Local Environmental Plan
be made in accordance with section 59 of the Environmental Planning and
Assessment Act 1979, so as to give effect to the Planning Proposal.
7. CiS04: Planning Proposal - 167- 169 Blues Point Road,
McMahons Point
Scott Williamson, Strategic Planner - Policy
On 7 January 2015, Council received a Planning Proposal for two (2) lots known
as 167 & 169 Blues Point Road, McMahons Point. The Planning Proposal seeks
to amend North Sydney Local Environmental Plan 2013 (NSLEP 2013) to
incorporate a site specific clause into Schedule 1 – Additional permitted uses, to
permit „business premises‟ and „office premises‟ with development consent on the
subject sites.
Each site contains a two (2) storey single dwelling, in the form of an attached
Victorian terrace house. The sites are zoned R3 – Medium Density Residential
and both buildings are listed heritage items. The proposed uses are presently
prohibited development within the Medium Density Residential zone.
Both sites have a history of accommodating small scale commercial and office
uses dating back to the 1960s, albeit without development consent. To date,
neither site has made a justified claim to existing use rights.
The owners have collectively submitted the Planning Proposal to allow future use
of the buildings for office and business premises uses, with consent. Surrounding
COUNCIL – 20/04/15 CiS (9)
sites generally support similar or more intensive commercial operations to that
proposed.
In effect the proposal is anticipated to facilitate small-scale business and office
premises, including but not limited to travel agencies, hairdressers, printing and
graphic design studios or similar clerical, technical or professional activities. All
such uses would be subject to further development consent, should the Planning
Proposal be supported.
The proposal will not prevent a future reinstatement of residential uses, given the
R3 – Medium Density Residential zoning is proposed to be maintained.
In consideration of site attributes, the mixed residential and commercial nature of
the surrounding area and the absence of immediate impacts upon the subject and
surrounding premises, it is considered the sites are well placed to support low
intensity business or office premises uses.
The sites are subject to a number of unique attributes that are considered to allow
the Planning Proposal will not introduce a precedent to other sites in the
municipality.
The Planning Proposal is supported by this assessment. It is recommended the
application be forwarded to the Department of Planning and Environment,
seeking Gateway Determination.
Recommending:
1. THAT Council resolve to support the Planning Proposal forming Attachment 1
to this report, progressing to Gateway Determination with the Department of
Planning and Environment, pursuant to Section 56 of the Environmental Planning
and Assessment Act, 1979.
8. CiS05: Planning Proposal 75-89 Chandos St, 58-62 Atchison
St and 23-35 Atchison St, St Leonards – Auswin TWT
Development
Ben Boyd, Executive Strategic Planner
On 21 August 2014, Council received a Planning Proposal to amend North
Sydney Local Environmental Plan 2103 (NSLEP 2013) as it relates to land
located at 75-89 Chandos St, 58-62 Atchison St and 23-35 Atchison St, St
Leonards. In particular, the Planning Proposal seeks to:
rezone:
o 87 and 89 Chandos Street, 33-35, 60 and 62 Atchison Street from
B4 Mixed Use to RE1 Public Recreation (approximately 2,100sqm);
o parts of the road reserve within Atchison Street and Atchison Lane
located directly adjacent to the subject site from B4 Mixed Use to RE1
Public Recreation (approximately 785sqm);
increase the maximum building height:
o to 75, 79-81 and 83-85 Chandos Street from 20m to 172m (an 8.6
fold increase);
o to 23, 25, 27 and 31 Atchison Street from 20m to 117m (a 5.9 fold
increase); and
impose a maximum floor space ratio of 8.5:1 across the entire site
(representing approximately a 2.8 fold increase).
COUNCIL – 20/04/15 CiS (10)
The Planning Proposal has been lodged by Auswin TWT Development Pty Ltd,
who is the owner of the subject lands.
Prior to reporting the matter to Council, the applicant was requested to withdraw
their application on 2 September 2014 due to, amongst other concerns, the
Planning Proposal not being informed by a locality based planning study. The St
Leonards/Crows Nest Planning Study for Precincts 2 & 3, being relevant to the
properties in question, was in development at the time.
On 8 October 2014, the applicant requested that Council continue its assessment
of the application. Having completed a preliminary assessment of the Planning
Proposal, Council again requested on 14 November 2014 that the applicant
withdraw their application based on a number of deficiencies or alternatively to
submit a revised Planning Proposal addressing the identified deficiencies.
On 15 January 2015, Council was informed by the Department of Planning and
Environment (DPE) that it had received a request from the applicant to commence
a Pre-Gateway Review. The request was made by the applicant because Council
had not made a decision to support the Planning Proposal within 90 days of
Council receiving it. The DPE has yet to make a determination with regard to the
first stage of the Pre-Gateway Review.
A detailed assessment of the Planning Proposal has now been completed and this
report has been prepared to enable Council to formally determine its position. It
is recommended that the Planning Proposal not be supported to proceed to
Gateway Determination for the following reasons:
insufficient information has been provided to enable a considered
assessment;
the subject sites are not informed by an adopted strategic direction set by
Council;
it is inconsistent with many of the desired outcomes and controls proposed
under the Draft St Leonards/Crows Nest Planning Study for Precincts 2 & 3;
the built form outcomes of the concept proposal are out of context with
the current and proposed future character of the area;
it will result in a reduction of commercial floor space over the site which
is inconsistent with Direction 1.1 – Business and Industrial Zones to the s.117
Directions under the Environmental Planning and Assessment Act, 1979.
it is not supported by the Commonwealth Department of Infrastructure
and Regional Development which is inconsistent with Direction 3.5 –
Development near licensed aerodromes to the s.117 Directions under the
Environmental Planning and Assessment Act, 1979;
it is contrary to meeting a number of objectives and actions under the
relevant regional and subregional strategies applying to the land. In particular, the
proposal does not:
o protect nor promote lands for commercial development within an
important existing Strategic Centre on the Global Economic Corridor nor
allow for future growth,
sufficient residential capacity is already provided under NSLEP 2013 to
meet State housing targets, without the need to change the land use mix on the
subject site;
if implemented, it will not enable the concept proposal that accompanies
the Planning Proposal to be realised.
COUNCIL – 20/04/15 CiS (11)
the concept proposal and proposed amendments to NSLEP 2013
contradict the objectives and intended outcomes of the Planning Proposal;
it will result in the isolation of two properties that would be incapable of
being developed to their maximum potential under current controls and potential
future controls as outlined under the Draft St Leonards/Crows Nest Planning
Study for Precincts 2 & 3; and
the absence of a Voluntary Planning Agreement which adequately sets out
the extent of works to be provided and associated detailed costs of those works.
As such, the Planning Proposal is considered to be unsatisfactory and should not
be forwarded to the DPE for Gateway Determination.
Recommending:
1. THAT Council advise the Department of Planning and Environment that it
does not support the Planning Proposal proceeding to Gateway Determination and
it be provided with a copy of this report and its determination in support of
Council‟s position.
2. THAT Council notifies the applicant of Council‟s determination in accordance
with clause 10A of the Environmental Planning and Assessment Regulations
2000.
3. THAT the applicant be invited to submit a new Planning Proposal that is in
accordance with the St Leonards Crows Nest Planning Study for Precincts 2 & 3
once adopted by Council in its final form.
9. CiS06: Subregional Planning Process – SHOROC and NSROC
Proposed Model
Emma Booth, Acting Manager Strategic Planning
At the “Meeting of Mayors and GMs of Councils of Northern Sydney” of 12
February 2015, it was resolved:
“to develop a proposed model for the North subregion’s subregional planning
process and governance framework including the planned Local Government
Advisory Committee, staff working groups, and representation on the Greater
Sydney Commission and the interim Ministerial Advisory Council.”
A response to this resolution was tabled at the Meeting of Mayors and GMs of
Councils of Northern Sydney on 19 March 2015 (attached). That meeting
resolved to endorse the model - Option 1: Political representation with
technical/officer working groups, subject to it being revised to identify that “the
Mayor (or the Mayor‟s delegate)” is the Council representative on the North
Subregion Local Advisory Committee.
This model now forms the basis of a joint SHOROC/NSROC submission to the
NSW Government, responding to their questions seeking feedback on the Greater
Sydney Commission (GSC) and Local Government Advisory Committee (LAC)
governance framework.
In response to the listing of this agenda item on the joint meeting of Mayors and
General Managers of NSROC and SHOROC on 19 March, Council at its meeting
on 16 March 2015, resolved (amongst other things):
“THAT Council obtain a report on the benefits and disbenefits to North Sydney in
the proposed joint sub regional planning process proposed by NSROC and
SHOROC for the North Sydney community.”
COUNCIL – 20/04/15 CiS (12)
Given that the broad context and framework has already been decided by the
NSW Government, preparing this model is an attempt to influence the detail in
order to gain as much local benefit as possible rather than waiting for the working
details of this governance framework to be decided by others. It is not clear if the
process leading to the establishment of the GSC/LAC framework has included a
robust consideration and assessment of all options.
Recommending:
1. THAT the report be received.
COUNCIL – 20/04/15 CLS (13)
Community & Library Services Division
****
COUNCIL – 20/04/15 CoS (14)
Corporate Services Division
10. CoS01: Councillor Workshop - Finance: Actions Rising - 31
March 2015
Report of Garry Ross, Financial Services Manager
This report presents the actions arising from the Workshop held on 31 March
2015. Actions arising will addressed at the next Workshop.
Recommending:
1. THAT the summary of actions arising from the Councillor Workshop -
Finance held on 31 March 2015 be noted.
11. CoS02: Audit and Risk Committee Minutes - 27 March 2015
Report of John Ferrow, Acting Director Corporate Service
This report presents the recommendations of the last meeting of the Audit and
Risk Committee held on Friday 27 March 2015. The minutes are attached for
information.
Recommending:
1. THAT the minutes of the Audit and Risk Committee held 27 March 2015 be
received.
12. CoS03: Governance Committee - Minutes 13 April 2015
Report of Ian Curry, Manager Governance and Committee Services
This report presents the recommendations of the last meeting of the Governance
Committee held on 13 April 2015, for Council adoption. The minutes are attached
for information.
Recommending:
1. THAT Council determine not to amend the Code of Meeting Principles and
Practices as to do so would not be in accordance with relevant provisions of the
Local Government (General) Regulation 2005.
2. THAT Council determines whether it wants to submit any Motions to the 2015
National General Assembly of Local Government, under the theme of 'Closest to
the Community: Local Government in the Federation'.
3. THAT should Council submit any Motions, a further report be prepared on the
Resolutions made by the National General Assembly.
4. THAT the Complaints and Compliments Report 1 July-31 December 2014 be
received.
5. THAT a copy of this report be provided to the Minister and Office of Local
Government as part of the feedback on the Performance Improvement Order.
6. THAT the staff be complimented on the positive results of this report.
COUNCIL – 20/04/15 CoS (15)
13. CoS04: Investments Held as at 31 March 2015
Report of Garry Ross, Manager Financial Services (Responsible Accounting
Officer)
This report provides details of the performance of Council‟s investment portfolio
for the month of March 2015.
The portfolio provided an annualised return of 4.43% for the year to date as at 31
March 2015, 1.71% above the reportable benchmark (BBSW Bank Bill Index)
Interest returns for the month ended 31 March 2015 remain consistently above the
benchmark. This was attributed to additional funds being made available for
investment and prudent selection and allocation of these funds to the financial
institutions which make up the investment portfolio.
Interest returns for this financial year reflect estimated available funds and
predicted expenditure of Council‟s reserves.
The 2014/15 budget estimates for returns from Council‟s investment portfolio
have been reviewed in the December Quarterly Budget Review and will be
reassessed in the up-coming March review.
Recommending:
1. THAT the report be received.
COUNCIL – 20/04/15 EPS (16)
Engineering & Property Services Division
14. EPS01: Traffic Committee - Minutes 20 March 2015
Report of Michaela Kemp, A/Manager Traffic and Transport Operations
This report presents the recommendations of the last meeting of the Traffic
Committee held on 20 March 2015, for Council adoption. The minutes are attached
for information.
Two reports were tabled at the Traffic Committee meeting concerning Streetscape
and Active Transport Upgrades on two cycling routes in Crows Nest. Some
additional information regarding these plans is provided below in this report. The
reports to the Traffic Committee are attached.
Recommending:
1. THAT the Minutes of the previous meeting held on 6 February 2015, copies of
which had been previously circulated, were taken as read and confirmed, subject
to the following:
Marilyn Mackenzie‟s name being spelt correctly under „Apologies‟
Traffic Committee members being listed as „Members‟, not „Visitors‟ on
the front page
The mover and seconder of any Motion cannot be two Councillors and
must be from voting members of the Traffic Committee
2. THAT the existing parking outside 73 and 75 Undercliff Street, Neutral Bay be
retained.
3. THAT Council apply to RMS for a 40km/h speed limit in Undercliff Street,
Neutral Bay
4. THAT Council approve the installation of a pedestrian refuge in Princes Street,
at Blues Point Road, as per the attached concept plan.
5. THAT Council notify affected residents and businesses of the proposal prior to
the works occurring.
6. THAT kerb build outs be approved for construction at the intersections of
Clarke and Hume and Clark and Oxley Streets as detailed on the attached plan
subject to funding availability.
7. THAT proposed cycle lane upgrades along the existing Clarke and Oxley
Streets cycle route be approved for construction subject to funding availability.
8. THAT pavement markings/line marking be installed on Willoughby Road and
Burlington Street as shown on the attached plan.
9. THAT affected residents and business be notified in writing a minimum of two
(2) weeks prior to the commencement of construction of any of the facilities
upgrades identified on the attached plan.
10. THAT the kerb built outs identified on the concept plan be progressively
constructed subject to funding availability.
11. THAT the residents of Huntington Street be notified regarding the proposed
contra-flow lane in that street and the proposed contra-flow bike lane in
Huntington Lane be approved for implementation..
12. THAT cycle route pavement markings and thresholds be installed along
Atchison, Matthew and Devonshire Streets (east of Willoughby Road).
COUNCIL – 20/04/15 EPS (17)
13. THAT shared path signs which permit cycling through St Thomas Rest Park
be removed immediately as they do not comply with current shared path
guidelines.
14. THAT affected residents and business be notified in writing a minimum of
two (2) weeks prior to the commencement of construction of any of the facilities
upgrades indentified on the concept.
15. THAT a further report be prepared for Traffic Committee regarding the
impacts of the proposed stop sign priority change at the intersection between
Atchison and Oxley Streets.
16. THAT pedestrian refuges on Willoughby Road, at Atchison Street, be
installed as part of the detailed design process.
17. THAT a pedestrian crossing on Alexander Street, at Atchison Street be
investigated and installed (if it meets RMS warrants) as part of the detailed design
process.
18.THAT the Traffic Management Plan for the NTH SYD Campaign Launch on
Thursday 14 May 2015 be endorsed by the Traffic Committee and the associated
Road Closures be approved, subject to RMS and Police approval.
19. THAT the matter of the STOP sign at Cooper Lane, Cremorne be deferred for
further investigation.
20. THAT the remainder of information under Delegated Authority be received.
21. THAT the Council install driveway line marking at 14 Levick Street at right
angles to the kerb, 0.7m from the western wing and at the edge of the eastern
wing.
22. THAT the remainder of recommendations made for changes in the parking
restrictions be adopted.
23. THAT the recommendations made for minor traffic investigations be adopted.
24. THAT the matter Hamilton Lane - Safety be deferred to the next Traffic
Committee meeting.
25. THAT the information be received.
26. THAT the information concerning the Walker Street Kiss & Drop restrictions
be received.
27. THAT the previous recommendation to convert 2 Hour Parking in
Wheatleigh Street to 3 Hour Parking be rescinded.
28. THAT Council undertake a survey of residents/ businesses in Wheatleigh
Street with regard to the parking restrictions and refer the survey results to a
future Traffic Committee.
15. EPS02: Council Owned/Leased Properties: Leasing
Transactions
Report of Risha Joseph, Property Officer
A report is submitted regarding the leasing transactions for Council‟s owned and
leased properties, for the period ending 30 March 2015.
Rental income to Council will be received in the Property Budget.
Recommending:
1. THAT Council notes the leasing transactions, which are detailed in Attachment
1 of this report.
COUNCIL – 20/04/15 EPS (18)
2. THAT Council hereby authorises its Official Seal to be affixed to the legal
instruments necessary to implement the proposed leasing transactions, which is
noted in “Attachment 1” of this report, under the signature of the Mayor and the
General Manager.
COUNCIL – 20/04/15 OSE (19)
Open Space & Environmental Services Division
16. OSE01: Sport and Recreation Reference Group - 30 March
2015
Robert Emerson, Director Open Space and Environmental Services
This report presents the recommendations of the last meeting of the Sport and
Recreation Reference Group held on 30 March 2015, for Council endorsement. The
minutes are attached for information.
Recommending:
1. THAT the Ilbery Reserve and Outdoor Fitness Equipment Funding reports be
received.
2. THAT Council proceed with Option 2 - construct two new cricket nets parallel
to one another at Primrose Park (fully enclosed).
3. THAT the Proposal to Construct Cricket Practice Nets at Tunks Park report be
received.
4. THAT Council engages a consultant to prepare conceptual images/drawings
and then undertake consultation of Tunks Park users regarding the proposal to
construct three cricket practice nets.
5. THAT on completion of the consultation process a further report is prepared
on the feedback received for the information of the Sport & Recreation Reference
Group and Council‟s determination.
6. THAT the Shade Structure Wollstonecraft Station Park report be received.
7. THAT the Recreation Needs Study 2015 report be received.
17. OSE02: Queen Victoria Jubilee Memorial Fountain -
Condition Assessment and Proposed Schedule of Works
Kate Bambrick- Browne, Landscape Grants Coordinator
Council commissioned consultants to undertake a condition assessment report on
the Queen Victoria Jubilee Memorial Fountain. This report details the findings of
that assessment and provides a proposed schedule of works together with a
funding breakdown.
Recommending:
1. THAT Council undertakes work in Stage One as identified in the report,
following the completion of the appropriate procurement process.
2. THAT Council allocates $68,000.00 towards the redesign and construction of
the hydraulic system and equipment pit in the 2016/2017 capital works program.
18. OSE03: Two Sandstone Shelters, Bradfield Park- Condition
Assessment and Proposed Schedule of Works
Kate Bambrick-Browne, Landscape Grants Coordinator
Council commissioned consultants to undertake a condition assessment report on
the two sandstone shelters located in Bradfield Park, North Sydney. This report
COUNCIL – 20/04/15 OSE (20)
details the findings of that assessment and provides a proposed schedule of works
together with a cost estimate and proposed stages of work in order to meet
existing budgets.
Recommending:
1. THAT Council undertakes work in Stage One as identified in this report,
following the completion of the appropriate procurement process.
2. THAT Council considers allocating $65,000.00 funding for the masonry repair
components of the shelters in the 2016/2017 capital works program.
19. OSE04: Cremorne Point Reserve RMS offer to upgrade public
stairway
Rob Emerson, Director Open Space and Environmental Services
The NSW Government Department, Roads and Maritime Services (RMS) have
recently completed the reconstruction of the Cremorne Point Ferry Wharf and
have approached Council to gain permission to partially reconstruct an existing
stairway from Cremorne Point Reserve to Milson Road near the public transport
ferry/bus interchange. The primary reason that RMS has proposed to reconstruct
the stairway is to improve pedestrian safety and RMS has offered to undertake the
works and fund all of the design and construction costs.
The purpose of this report is for Council to consider their position regarding the
offer from RMS to undertake the specified works.
Recommending:
1. THAT Council provides approval for RMS to proceed with the reconstruction
of the Cremorne Reserve/transport interchange public stairway.
2. THAT RMS is requested to undertake effective bollard or recessed handrail
style lighting of the stairway in order to effectively illuminate the stairs.
COUNCIL – 20/04/15 CORRO (21)
PETITIONS
****
CORRESPONDENCE
****
COUNCIL – 20/04/15 NoM (22)
MOTIONS OF WHICH DUE NOTICE
HAS BEEN GIVEN
****
COUNCIL – 20/04/15 Q (23)
QUESTIONS WITH NOTICE
****
QUESTIONS WITHOUT NOTICE
****